Laserfiche WebLink
MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, July 11, 2016 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 22 of 25 <br /> <br />20. PROSECUTING ATTORNEY – REQUEST FOR PROPOSAL (RFP) <br /> <br />Walsh noted at the May 9 Council meeting while discussing the RFP for prosecuting attorney, Council <br />Member Cornick stated because he has worked with Ken Potts for 20-plus years, he would be recusing <br />himself from all the procedures because he cannot be impartial. Walsh stated he would hope that Council <br />Member Cornick would continue that and not make the vote a tainted vote going forward. <br /> <br />Cornick stated he would refer Council Member Walsh to the comments he made during the work session <br />indicating that he has changed his mind. Cornick noted his feelings about the issue are just as obvious as <br />Council Member Walsh’s and that they would basically be cancelling each other’s vote. <br /> <br />Walsh stated he has not recused himself or said that he has an issue with this matter and that he would <br />expect Council Member Cornick to recuse himself. <br /> <br />Cornick stated he can change his mind. <br /> <br />Cornick moved, Levang seconded, to select Kenneth Potts as Orono’s prosecuting attorney and to <br />direct Staff and the City Attorney to begin negotiating a contract. <br /> <br />Walsh stated in his view this will be a tainted vote going forward because of the statements that Council <br />Member Cornick had made at an earlier meeting. <br /> <br />McMillan stated the interview process was helpful and helped demonstrate the value that Ken Potts has <br />provided to the Orono Police Department over the years and that she will be voting to establish a new <br />contract with Ken Potts. <br /> <br />Loftus stated what she has heard at past Council meetings is that Council Member Walsh would like to <br />review the termination clause. Loftus indicated Staff will attempt to make that as favorable as possible <br />for the City and that the typical range for a contract of this type is three to five years. Loftus stated all <br />four law firms during the interview process indicated they would prefer a minimum of three years, and <br />that if the Council prefers a contract that is different than that, she would request Council direction in the <br />motion. <br /> <br />Walsh stated if there is a change in prosecuting attorneys, there will be a 6 to 18-month transition period <br />between the old and new prosecuting attorney. Walsh stated to his recollection all candidates indicated <br />three years was more their preference. Walsh stated he prefers the firm of Tallen and Baertschi. <br /> <br />Walsh stated if the Council decides to vote for Potts, in his view it does not need to be a 3-year contract <br />and that they should go with a 30-day termination clause. Walsh noted Ken Potts has publicly stated that <br />he is going to be retiring after five years and that the City will be making a change anyway. Walsh stated <br />if the City is going to transition from Potts to a new prosecuting attorney, he would rather do that while <br />Potts is still here. Walsh stated if the Council is going to go with the same existing guy that is not doing a <br />good job, the City should keep him on a short leash so they can deal with it at a later time. <br /> <br />Levang stated all four individuals were new to her and that she had not met Mr. Potts previously. Levang <br />noted other communities have commented that he does a great job as well as the Orono Police <br />Commission. Levang stated she did not like the other attorneys’ business models and that she would stick <br />with the five-year contract as was asked for in the RFP.